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D03212469R 


MAJOHITY  REPORT 

OF    tHE 

COMMITTEE  ON  EOEEIGN  AFEAmS, 

To  whom  was  referred  the  following  resolution  : 

*'  Resolved,  That  the  Committee  on  Foreign  Affiiirs  be  instructed  tO' 
enquire  into  the  jw'opriety  of  requesting  the  President  of  the- Confed- 
erate States  to  recall  the  Commissioners  sent  by  this  Government  to 
certain  European  States,  and  to  notify  all  Foreign  powers  whose  Con- 
suls reside  in  the  Confederate  States,  and  are  accredited  to  the  gov- 
ernment of  the  United  States,  that  such  persons  will  not  be  recognized 
by  the  Government  of  the  Confederate  States  as  exercising  any  of  the 
powers  or  having  any  of  the  functions  of  Consuls  within  tha  limits  of 
the  Confederate  States,  unless  appointed  by  their  respective  govern- 
ments as  Consuls  to  the  Confederate  States  of  America :"     Beg  leave  to  • 
report,  that  in  the  absence  of  any  reference  to  Foreign  Affairs  in  the 
message  of  the  President,  on   the  opening  of  Congress,   and   without 
access  to  the  archives  of  the  State  Department,  your  Committee  deemed 
it  due  to  the  importance  of  the  subject  submitted  to  them,  and  respectful 
to   the  House,  by   whom  they  were  charged   with  its  examination,  to 
report  that  they  were   uninformed  on  the  matter  before  them,  and  to 
request  the  Executive,  by  a  resolution  of  the  House,  to  communicate 
to  Congress   such  facts  regarding  the  number   and  character  of  our 
Foreign  Agents  as  could  be  made  known,  without  detriment  to  the 
public  service. 

The  House  accordingly  adopted  the  following  resolution  of  inquiry  : 
"  Resolved,  That  the  President  be  respectfully  requested  to  commu- 
nicate to  the  House  if  not  incompatible  with  the  public  interest,  the  num- 
ber and  names  of  all  persons  engaged  in  the  service  of  the  Confede- 
rate States  in  Foreign  countries,  either  as  diplomatic,  consular  or  com- 
mercial agents,  or  in  any  other  capacity,  stating  the  places  to  which 
they  have  been  sent,  the  date  of  their  appointment,  the  salaries  they 
receive,  the  duties  they  are  cxpectc(^  to  discharge,  and  how  far  such 
agents  have  been  officially  or  otherwise  recognized  by  any  Foreign, 
Government ;  also  what  are  the  number  and  character  of  Foreign^ 
Agents,  whether  consular,  commercial  or  other,  known  to  our  Govern- 
ment, representing  in  any  capacity  Foreign  Governments,  within  the 
limits  of  the  Confederate  States,  and  whether,  in  communicating  with 


this  Government  they  do  so  under  an  exequatur  from  our  Government 
or  that  of  the  United  States;  also  whether  said  agents  are  subordi- 
nate or  subject  to  the  control  and  direction  in  any  way,  and  to  what 
decree,  of  the  ministers  of  their  respective  countries  accredited  to,  and 
residing  in  the  United  States  ;  and  the  President  be  further  requested 
to  communicate  such  instructions  as  may  have  been  given  to  our  For- 
eign j\gents  and  such  correspondence  as  may  have  been  had  with  other 
Governments,  either  through  the  Secretary  of  State  or  our  Commis- 
sioners abroad,  as  will  aid  Congress  in  its  legislation  regarding  Foreign 
nations,  and  their  citizens  residing  in  our  midst." 

To  this  resolution  on  the  16th  instant,  the  following  response  was 
received  from  the  State  Department,  and  referred  to  the   Committee : 

CONFEDERATE  STATES  OF  AMERICA, 

Department  of  State, 
Richmond,  Sept.  15,  1862. 

The  Secretary  of  State,  to  whom  was  referred  a  certain  resolution 
of  the  House  of  Representatives,  adopted  on  the  1st  instant,  has  the' 
honor  to  report  to  the  President: 

That  it  would  be  impossible  to  communicate  to  the  House  without 
very  grave  detriment  to  the  public  interest  '*  the  number  and  names 
of  ail  persons  engaged  in  the  service  of  the  Confederate  States  in 
Foreign  countries,  either  as  diplomatic,  consular  or  commercial  agents 
or  in  any  other  capacity,  stating  the  places  to  which  they  have  been 
sent,  the  date  of  their  appointment,  the  salaries  they  receive,  the 
duties  they  are  expiected  to  discharge."  It  is  presumed  that  the  House 
is  acquainted  with  the  particulars  called  for  in  the  foregoing  extract 
from  the  resolution,  so  far  as  diplomatic  agents  are  concerned,  but  a 
tabular  statement  marked  A,  hereto  annexed  may  prove  convenient  for 
reference.  During  the  pendency  of  hostilities,  the  very  objects  for 
which  other  than  diplomatic  agents  have  been  sent  abroad  would  be 
exposed  to  defeat  by  divulging  the  details  called  for  in  the  resolution, 
and  these  objects  are  of  great  national  importance. 

The  resolution  further  enquires  how  far  the  agents  aforesaid  "have 
been  officially  or  otherwise  recognized  by  any  Foreign  Government." 
The  extracts  of  the  correspondence  of  the  department  hereto  annexed 
marked  B'  furnish  the  only  information  on  this  subject  contained  in 
official  communications. 

The -resolution  further  enquires  as  to  "  the  number  and  character  of 
Foreign  Agents,  whether  consular,  commercial  or  other,  known  to  our 
government,  representing  in  any  capacity  Foreign  Governments,  within 
the  limits  of  the  Confederate  States,  and  whether  in  communicating 
vith  the  Government  they  do  so  under  an  exequatur  from  our  own 
Government  or  that  of  the  United  States." 

The  annexed  list  marked  C,  shows  the  names  of  the  only  agents  of 
Foreign  Governments  known  by  the  department  within  the  limits  of 
the  Confederate  States.  All  of  these  agents  except  one  had  been  re- 
cognized by  the  Government  of  the  United  States  by  exequatur  as  the 


duly  authorized  agents  of  tho  Foreign  Governments  by  which  they  "^  ' 
were  respectively  appointed,  at  a  period  antecedent  to  that  when  the 
several  Confederate  States  revoked  the  powers  previously  delegated  to 
the  United  States,  and  under  which  the  Government  of  the  United 
States  controlled  the  relations,  whether  diplomatic  or  commercial 
which  grew  up  between  those  States  and  Foreign  countries.  According 
to  weH  recognized  principles  both  of  public  and  private  law,  these 
agents  of  Foreign  Governments  having  been  recognized  as  such  by 
the  agent  of  the  several  Confederate  States,  prior  to  the  revocation  of 
the  powers  delegated  to  that  agent,  remained  so  recognized  after  the 
revocation. 

It  was,  and  is  undoubtedly  within  the  power  of  this  government,  as 
it  is  within  that  of  all  Governments,  to  decline  permitting  the  above 
mentioned  agents  to  remain  within  our  limits,  but  for  obvious  reasons 
the  exercise  of  such  a  power  has  been  deemed  unwise  and  impolitic. 

The  one  agent  who  is  excepted  from  these  remarks,  is  Ernst  Raven, 
Esq.,  who  was  appointed  Consul  for  the  State  of  Texas,  by  his  Hi^i- 
ness,  the  Duke  of  Saxe  Coburg  and  Gotha,  and  who  applied  to  this 
Government  for  an  exequatur,  on  the  30th  July,  1861,  which  was  is- 
sued to  him  on  the  21st  of  August,  1861. 

It  is  proper  to  add  that  a  short  time  ago  it  came  accidentally  to  the 
knowledge  of  the  Department,  that  a  certain  Baron  de  Saint  Andre, 
had  assumed  the  functions  of  Consul  or  Consular  Agent,  for  the 
French  Government,  at  the  port  of  Charleston,  since  the  establish- 
ment of  the  Confederate  Government,  and  Avithout  applying  for  an 
exequatur  to  this  Department.  But  just  at  a  time  when  this  informa- 
tion was  received,  intelligence  was  also  received  that  Baron  St.  Andre 
had  left  Charleston,  with  his  family  for  the  United  States,  with 
the  probable  intention  of  returning  in  the  autumn.  In  the  event  of 
such  return,  proper  action,  will  be  promptly  taken  by  the  Department 
to  repress  the  oftensive  assumption  of  consular  functions  by  a  foreign 
agent  without  the  sanction  of  this  Government. 

The  resolution  further  inquires,  whether  said  agents  "aresubor-* 
dinate  or  subject  to  the  control  and  direction  in  any  way  and  to  v/hat 
degree  of  the  ministers  of  their  respective  countries  accreditedrand 
residing  in  the  United  States."  The  Department  has  no  information 
on  this  subject,  but  it  is  thought  not  improbable  that  the  instructions 
sent  by  foreign  governments  to  tlieir  Consular  Agents  within  the  Con- 
federacy are  transmitted  through  diplomatic  agents  residing  in  Wash- 
ington. It  is  not  thought  probable  that  the  foreign  consuls  within  the 
Confederacy  are  under  the  control  and  direction  of  foreign  ministers 
accredited  to  the  United  States  in  any  other  manner  than  is  above  in- 
dicated, but  no  positive  information  on  the  subject  has  reached  the 
Department.  It  is  known  to  the  Department,  that  the  foreign  Con-suls 
within  the  Confederacy  communicate  with  their  governments  in  Europe 
by  sending  dispatches  to  the  care  of  the  JMinistersof  their  respective  go- 
vernments residing  in  Washington,  and  the  Department  has  thus  been 
enabled,  on  different  occasions  to  cause  corr^^ct  information  to  reach 
foreign  countries  on  matters  which  it  was  highly  important  to  the  pub- 
lic interest  should  be  widely  disseminated  and  properly  understood. 


The  resolution  of  the  House  further  requests  the  President  "to 
communicate  such  instructions  as  may  have  been  given  to  our  foreign 
agents,  and  such  correspondence  as  may  have  been  had  with  other 
governments,  either  through  the  Secretary  of  State  or  our  Commis- 
sioners abroad,  as  will  aid  Congress  in  its  legislation,  regarding  for- 
eign nations  and  their  citizens  residing  in  our  midst." 

The  accompanying  document,  marked  B  contains  all  the  communi- 
cations called  for,  not  hitherto  submitted  to  Congress,  except  such  as 
cannot  for  the  present  be  divulged  without  injury  to  the  public 
service. 

Respectfully  submitted, 

J.  P.  BENJAMIN, 

Secretary  of  State. 
To  THE  President. 

Your  committee  have  examined  carefully  this  letter  of  the  Secreta- 
ry* of  State,  with  the  documents  accompanying  it,  and  are  not 
prepared,  upon  the  data  furnished,  to  recommend  either  the  adoption 
or  rejection  of  the  original  proposition  submitted  to  them,  and  with- 
out entering  at  large  into  the  reasons  that  have  induced  this  conclu- 
sion, state  briefly,  that  the  facts  communicated  are  so  limited  and  of 
such  a  character  as  to  have  aided  them  but  little  to  their  investigation. 
They  consist  simply  of  a  statement  already  known  to  the  country  of 
the  names  of  our  Commissioners  and  their  Secretaries  abroad  with 
some  extracts  from  their  correspondence  and  instructions  from  the 
State  Department,  accompanied  by  an  incomplete  list  of  the  agents 
of  foreign  governments  residing  in  our  midst.  Your  Committee  are 
well  assured  that  it  was  not  the  desire  of  the  House  to  trench  in  any 
manner  upon  the  province  of  the  Senate  as  the  constitutional  advisers 
of  the  Executive  in  matters  relating  to  foreign  affairs,  by  the  adoption 
of  its  resolution  of  inquiry;  nor  is  there  any  disposition  to  complain 
of  the  Executive  exercising  a  just  discretion  in  withholding  the  com- 
.munication  of  such  facts  in  relation  to  foreign  aifairs,  and  our  secret 
agents  abroad,  as  he  may  deem  it  detrimental  to  the  public  interest  to 
make.  Your  committee  feel,  however,  that  as  the  recognition  of  our 
independence  by  foreign  powers,  has  not  yet  been  secured,  nor  our 
foreign  relations  established  with  other  governments,  and  as  it  is  by 
virtue  of  direct  legislation  on  the  subject,  and  not  merely  of  a  consti- 
tutional provision,  the  President  has  felt  himself  authorized  to  send 
•Commissioners,  and  commercial  agents  abroad,  and  as  Congress  has 
before  it  for  legislation,  matters  affecting  our  commercial  relations 
with  other  governments,  and  the  security  of  the  rights  of  our  citizens 
abroad,  and  those  of  foreigners  in  our  mid^t,  this  House  in  no  way 
transcends  its  powers,  when  it  seeks  of  the  Executive  through  the 
proper  channel,  a  knowledge  not  only  of  the  number  and  names  of 
our  diplomatic  agents;  but  also,  a  statement  of  the  fact,  whether 
■consular  or  commercial  agents  have  been  sent  abroad,  and  if  so,  to  what 
countries;  and  whether  they  have  been  permitted  by  the  govern- 
ments to  which  they  have  been  sent  to  exercise  the  customary 
powers  of  such  agents,  or  have  been  forced  to  forego  entirely  the 


discharge  of  the  very  important  duties  pertaining  to  such  appoint- 
ments and  made  to  occupy  the  character  of  extraordinary  or  special,  or 
secret  agents.  The  necessity  of  such  information  is  apparent  to  the 
discussion  of  the  resolution  before  the  House,  in  its  t^Yofold  character  : 
First,  whether  it  would  be  polite  to  recall  our  Commissioners  sent  to 
European  States ;  and  second,  whether  it  would  be  wise  to  refuse  to 
recognize  the  consular  agents  of  other  governments,  openly  exercis- 
ing their  privileges  in  our  midst,  under  an  exequatur  from  a  govern- 
ment with  whiqh  we  arc  at  war. 

Without  further  remark  upon  the  reserve  of  the  State  Department 
on  this  subject,  your  committee  will_j^merely  add  that  they  are  not  al- 
lowed to  be  ignorant  of  the  fact  made  known  by  the  published  official 
correspondence  of  foreign  governments  and  the  debates  in  the  British 
Parliament,  tliat  sopie  such  agents  of  our  government  in  some  capa- 
city, either  consular  or  commercial,  do  exist  abroad ;  but  of  their 
number  or  the  countries  to  which  they  have  been  sent,  or  the 
powers  they  are  permitted  to  exercise,  your  committee  are  igno- 
rant, and  the  communication  of  the  Secretary  of  State  gives  no  in- 
formation on  the  subject.  We  are,  however,  incidentally  made  aware 
of  the  fact  that  a  regular  correspondence  is  carried  on  between  the 
Consuls  of  foreign  powers,  residing  in  our  midst,  and  the  ministers  of 
those  powers,  accredited  and  residing  at  Washington,  through  a  regu- 
lar established  channel  of  communication,  which  the  United  States 
Government  has  succeeded  in  inducing  those  powers,  notwithstanding 
the  remonstrances  of  our  Secretary  of  State,  to  close  eflfcctually 
against  all  correspondence  of  our  Government  with  its  agents  abroad. 
It  is  also  made  known  by  the  communication  from  the  State  Depart- 
ment that  one  of  our  Commissioners,  Mr.  Rost,  has  resigned  his  posi- 
tion, and  that,  before  doing  so,  he  submitted  to  the  President  Avhether 
it  was  consistent  with  our  self-respect  and  the  dignity  of  the  country, 
'■'■  to  keep  longer  abroad  Commissioners  who  arc  under  no  circum- 
stances to  be  received  or  listened  to." 

Another,  Mr.  Mason,  dated  June  23d,  M'rites :  "  I  have  conferred 
frequently  and  freely  with  Mr.  Slidell  on  the  expediency  of  making  a 
renewed  request  to  the  Governments  of  France  and  England  or  to 
either  for  recognition  of  our  independence,  and  I  am  happy  to  say 
that  a  cordial  understanding  exists  between  us  to  act  independently  or 
simultaneously  as  our  joint  judgments  may  approve.  My  own  strong 
conviction  is  that  it  Avill  be  unwise,  if  not  unbecoming  in  the  attitude 
of  the  ministry  here  to  make  such  a  request  now,  unless  it  were  pre- 
sented as  a  demand  of  right,  and,  if  refused,  as  I  little  doubt  it  would 
be,  to  follow  the  refusal  by  a  note  stating  that  I  did  not  consider  it 
compatible  with  the  dignity  of  my  Government,  and,  perhaps,  with 
my  own  self-respect,  to  remain  any  longer  in  England,  but  should 
retire  to  the  Continent  to  await  the  further  instructions  of  the  Gov- 
ernment tliere.  I  do  not  mean  to  say  that  I  contemplate  such  an  im- 
mediate step,  but  only  if  the  demand  be  made  and  refused,  to  remain 
longer  in  England,  as  the  representative  of  the  Government,  would 
seem' to  acknowledge  the  position  of  a  suppliant;  and,  therefore,  the 
step  is  not  to  be  taken  without  the  most  grave  and  mature  delibera- 


6 

tion.  I  have  earnestly  consulted  the  judicious  and  enlightened  friends 
here  among  the  public  men,  who  are  earnestly  with  us,  and  they  advise 
against  a  renewed  demand  at  present,  whilst  they  admitit  might  place 
me  under  such  necessity." 

Our  other  Commissioners  express  themselves  less  decidedly,  but  no 
one  of  them  seems  to  anticipate  our  early  recognition,  although  all 
unite  in  the  expression  of  the  confident  belief,  that  had  it  not  been 
for  the  fall  of  New  Orleans,  with  the  consequent  loss  of  the  Missis- 
sippi river,  we  would  havg  been  before  this  recognized  by  foreign 
powers. 

Your  committee,  in  conclusion,  repeat  that  without  recommending 
either  the  adoption  or  rejection  of  the  resolution  submitted  to  them 
they  are  of  the  opinion  that  it  would  be,  under  present  circumstances, 
unwise  for  the  House  to  advise  the  immediate  rec|-ll  of  our  Commis- 
sioners, uninformed,  as  it  is,  what  other  agents  of  communication 
with  foreign  powers  would  remain  to  us  abroad,  or  what  may  be  the  pos- 
sible effect  of  recent  events  upon  the  disposition  or  policy  of  foreign 
Governments ;  nor  would  they  recommend  the  dismissal  from  our 
midst  of  the  Consuls  of  foreign  nations,  except  in  the  event  of  their 
persisting  to  discharge  their  duties  under  exequaturs  of  the  Govern- 
ment of  the  United  States,  without  any  reciprocal  right  of  consular 
protection  being  extended  to  our  citizens  visiting  or  residing  and 
owning  property  in  the  countries  they  represent. 


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